State v. Perez-Medina (Kan. 2019)
Divided Kansas Supreme Court opinion affirming lower courts’ findings that Kansas’ registration scheme was non-punitive in the context of a violent, non-sexual offense.
Jones v. County of Suffolk et al. (2nd Cir. 2019)
2nd Circuit Court of Appeals affirming a federal trial court’s finding that even if Plaintiff was “seized” during verification visits by contract employees of the state (Parents for Megan’s Law), that the seizure was not unreasonable in light of the application of the special needs doctrine.
Stateside: ACLU’s Miriam Aukerman on Sex Offender Registries
In 2016, the 6th Circuit Court of Appeals issued an opinion in Does v. Snyder declaring Michigan’s sex offense registry unconstitutional. The ACLU has since gone back to federal court seeking to enforce the 6th Circuit’s decision. Miriam Aukerman appeared on NPR’s Stateside to discuss the litigation, ongoing efforts to achieve reform, and sex offense policies more generally.
Holste v. State (Utah 2019)
Utah Supreme Court opinion finding that an out-of-state guilty plea in exchange for a withheld adjudication qualified as a conviction that required registration under Utah state law.
Matthew 25 Ministries v. Swearingen (S.D. Fla. 2019)
United States District Court for the Southern District of Florida opinion dismissing with prejudice on the grounds of lack of organizational standing a civil rights lawsuit alleging various constitutional violations of Florida’s sex offense registry.
Prynne v. Northam et al (E.D. Va. 2019)
United States District Court for the Eastern District of Virginia dismissing a federal civil rights complaint alleging violations of state and federal constitutional provisions related to Ex Post Facto punishment and Due Process.
State v. Grady (N.C. 2019)
North Carolina Supreme Court opinion holding that imposition of mandatory, lifetime GPS monitoring imposed on individuals who North Carolina classified as recidivist offenders and who were no longer under state criminal supervision was a violation of the Fourth Amendment.
Holland v. Georgia (11th Cir. 2019)
Unpublished 11th Circuit Court of Appeals opinion affirming the district court dismissal of a constitutional challenge to Georgia’s sex offense registry laws, alleging violations of the Ex Post Facto clause, Substantive Due Process, Equal Protection, and violations of the Eighth Amendment.
Bailey v. Commonwealth (Va. Ct. App. 2019)
Virginia Court of Appeals affirming conviction and upholding state law that required registration of internet identifiers.
United States v. Walker (7th Cir. 2019)
7th Circuit Court of Appeals Opinion reversing the denial of a motion to dismiss a failure to register indictment as Appellant’s requirement to register had already expired under federal law.
Hope et al. v. Commissioner (S.D. Ind. 2019)
Federal trial court holding that Indiana’s SORA was unconstitutional on the grounds that it infringed Plaintiffs’ Right to Travel, denied them Equal Protection, and constituted an impermissible Ex Post Facto law.
In re T.B. (Colo. App. 2019)
Colorado Court of Appeals holding that requiring lifetime registration for juveniles adjudicated of sex offenses constitutes punishment for Eighth Amendment purposes, and remanded the case for consideration of whether the Eighth Amendment is violated when the state mandates lifetime sex offense registration for juveniles.
United States v. Haymond (U.S. 2019)
United States Supreme Court opinion holding unconstitutional a provision of federal law that mandated imprisonment for preponderance findings that new crimes had been committed while on supervised release.
Gundy v. United States (U.S. 2019)
United States Supreme Court opinion holding that federal SORNA does not violate principles of non-delegation with respect to its application to people who had committed their offenses prior to its enactment.
Yunus v. Robinson (S.D.N.Y. 2019)
Federal trial court in Southern District of New York granting preliminary injunction halting imposition of sex offense registry and parole requirements in case of plaintiff who committed no sexual offense.
United States v. Carson (8th Cir. 2019)
8th Circuit opinion affirming imposition of social media-related restrictions for individual on federal supervised release.
United States v. Eaglin (2nd Cir. 2019)
2nd Circuit Court of Appeals decision reversing trial court imposing internet ban and prohibition on viewing pornography as substantively unreasonable conditions of federal supervised release.
Doe v. Dep’t of Public Safety (Alaska 2019)
Alaska Supreme Court opinion holding that requiring sex offense registration without providing individuals with an opportunity to rebut a presumption of dangerousness violated state constitutional Due Process protections regarding privacy.
United States v. Templin (D. Mont. 2019)
Federal trial court in Montana holding that while the court had the authority to terminate defendant’s obligation to register as a sex offender under federal law, he would have to seek relief in state court to deregister under Montana’s laws.Mon
State v. Kirby (Ind. Ct. App. 2019)
Indiana Court of Appeals holding that change in laws that precluded father who was required to register as a sex offender from attending son’s school activities was not unconstitutional as applied.
People v. Diaz (N.Y. 2018)
New York Court of Appeals holding that individual who was not a “sex offender” in another state, but nevertheless required to register there, did not have to register in New York state.
People ex rel Negron v. Superintendent (N.Y. App. Div. 3rd 2019)
New York Supreme Court, Appellate Division, holding that SARA-related housing restrictions did not apply to individual who was serving a sentence for a non-sexual offense.
Mohamed v. Holder (4th Cir. 2014)
4th Circuit Court of Appeals holding that failing to register as a sex offender does not constitute a “crime involving moral turpitude” for immigration and removal purposes.
Moe v. Sex Offender Registry Board (Mass. 2014)
Supreme Judicial Court of Massachusetts holding that amendments to law altering classification could not constitutionally apply retroactively to certain individuals who were classified as “level two” offenders prior to enactment.
Gonzalez v. Duncan (9th Cir. 2008)
9th Circuit Court of Appeals reversing the denial of an Eighth Amendment challenge to a “third strike” California sentence for failing to register as a sex offender.
Meza v. Livingston (5th Cir. 2010)
Fifth Circuit Court of Appeals affirming that sex offender registration implicates a protected liberty interest and that Due Process is violated when someone not convicted of a sex offense is required to register as a sex offender without a hearing and other protections.
Meredith v. Stein (E.D. N.C. 2019)
Federal trial court in North Carolina Judgment and Consent Order precluding the registration of an individual convicted of out-of-state without an opportunity to be heard.
McKune v. Lile (2002)
United States Supreme Court opinion holding that consequences that stemmed from failing to comply with treatment program were not so severe as to violate the Fifth Amendment.
Doe v. Rausch (E.D. Tenn. 2019)
Eastern District of Tennessee federal trial court holding that 2014 amendment to Tennessee’s SORA violated the Ex Post Facto clause.
Fushek v. State (Az. 2008)
Arizona Supreme Court opinion finding that state constitution entitled defendant charged with misdemeanors to a jury trial, where potential existed for sex offense registration.